The Story Yet Untold – The Islamic Regime is Now Being Treated as a Victim
- Mark Sandler
- 3 days ago
- 4 min read
This past weekend, the Al-Quds Rally was held in downtown Toronto. At the very last minute, the Ontario government chose to seek an injunction banning the event. The application was predictably unsuccessful, facing not only formidable jurisprudence against “prior restraint” but inadequacies in the evidence presented to the court, including the many instances of terror promotion targeting Jews and Israelis at past rallies. Plus, the police did not support the injunction, saying they were ready to crack down on any criminal offences committed, including hate speech that took place during the rally. Read our full legal analysis of the court’s decision.
They did lay a hate propaganda charge, but against a counter-demonstrator for inciting hatred against the Islamic Republic of Iran. Yes, you read that correctly. The terror regime as the named victim of hate.
The counter-demonstrator allegedly attacked one of the Al-Quds rally participants who was wearing the Islamic Republic of Iran’s flag on his back, ripped the flag off and set it on fire. Based on those allegations, as yet unproven, police were entitled to lay charges of assault, harassment, theft, etc.
But they added a charge of public incitement of hatred directed against the Islamic Republic of Iran.
This offence can only be committed when hatred is incited against an “identifiable group”, that is “a section of the public distinguished by colour, race, religion, national or ethnic origin". Whatever one may otherwise say about the counter-demonstrator’s conduct, it is no offence to incite hatred against the Islamic Republic of Iran, a government that is recognized worldwide to be a terror regime.
Canada severed diplomatic relations with this regime years ago and the Islamic Republic of Iran is formally listed by Canada as a state sponsor of terrorism under the Justice for Victims of Terrorism Act. The state agency, the Iranian Revolutionary Guard Corps and its Quds Force are both designated terrorist entities under Canadian law. Iranians themselves are an identifiable group based on their national origin, but it is stunningly obvious that an opponent of the Islamic Republic of Iran does not hate Iranians, incite hatred against the Iranian people or seek their destruction¹ – instead, such an opponent supports Iranians who seek to be free from the current murderous regime.
The police undoubtedly sought advice from prosecutors before laying such a charge. Such advice can only be described as an exercise in appalling lack of judgement and understanding. This is especially so when too many charges laid by the police for hate-motivated crimes have been withdrawn or diverted by prosecutors, often because they fail to recognize hate crimes directed against Jews and Israelis.
This past weekend, anti-Israel demonstrators at Bathurst and Sheppard yet again violated Canada’s hate speech laws by displaying signs that did not merely criticize Israel (as anyone is entitled to do) but called for its elimination. They did so by displaying signs containing antisemitic tropes, and drawings reminiscent of the propaganda utilized by the Nazis in the 1930s, including that of the hook-nosed Jew.
This conduct is being investigated by authorities. But too often, I have seen obvious hate propaganda crimes against Jews and Israelis mired in lengthy investigations or await the Attorney General’s consent, including one serious allegation that is almost two years old.
The police and prosecutors must rethink how these cases are handled. Quickly. This is no academic exercise. Our community is being targeted now by those inspired by hate speech that has gone largely unchecked for far too long.
Editor’s Note: The Canadian Association of Chiefs of Police has taken an important step by creating a special purpose committee to examine, on a priority basis, how criminal law measures are being used or not used to combat hatred, with a particular emphasis on antisemitic hate crimes. Its objective includes steps to ensure consistent and robust enforcement of available criminal laws nationwide. Mr. Sandler is the only civilian member of the committee, as an expert in hate crimes, which is otherwise composed of senior police officials from across the country.
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Endnotes
1. Quite unlike those who seek the destruction of Israel and its people, and unlike those who vilify, without distinction, anyone who supports Israel’s right to exist.
About the Author
Mark Sandler, LL.B., LL.D. (honoris causa), ALCCA’s Chair, is widely recognized as one of Canada’s leading criminal lawyers and pro bono advocates. He has been involved in combatting antisemitism for over 40 years. He has lectured extensively on legal remedies to combat hate and has promoted respectful Muslim-Jewish, Sikh-Jewish and Black-Jewish dialogues. He has appeared before Parliamentary committees and in the Supreme Court of Canada on multiple occasions on issues relating to antisemitism and hate activities. He is a former member of the Ontario Human Rights Tribunal, a three-time elected Bencher of the Law Society of Ontario, and recipient of the criminal profession’s highest honour, the G. Arthur Martin Medal, for his contributions to the administration of criminal justice.